S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6783
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2017
                                ___________
 
 Introduced  by  M. of A. OAKS -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to allowing for
   digitized driver's licenses to be available
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 504-a to read as follows:
   § 504-A. DIGITIZED DRIVER'S LICENSE. 1. A DIGITIZED  DRIVER'S  LICENSE
 SHALL  MEAN  IN  THIS CHAPTER A DATA FILE AVAILABLE ON ANY MOBILE DEVICE
 WHICH HAS CONNECTIVITY TO THE INTERNET THROUGH AN APPLICATION CREATED BY
 THE DEPARTMENT WHICH ALLOWS THE MOBILE DEVICE TO DOWNLOAD THE DATA  FILE
 FROM  THE  DEPARTMENT OR AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT,
 WHICH CONTAINS ALL OF THE DATA ELEMENTS VISIBLE ON THE FACE AND BACK  OF
 THE  LICENSE,  AND  ALSO DISPLAYS THE CURRENT STATUS OF THE LICENSE. FOR
 THE PURPOSES OF THIS SUBDIVISION, "CURRENT STATUS" SHALL INCLUDE BUT  IS
 NOT  LIMITED  TO  IF  THE  LICENSE  IS  VALID,  EXPIRED,  CANCELLED,  OR
 SUSPENDED, IF THE DRIVER HAS ANY ENDORSEMENTS OR RESTRICTIONS,  AND  ALL
 OTHER  INFORMATION  THAT WOULD BE INCLUDED ON A PHYSICAL LICENSE AS WELL
 AS ANY OTHER INFORMATION THE COMMISSIONER DEEMS PERTINENT.
   2. A DIGITAL COPY, PHOTOGRAPH, OR IMAGE OF A DRIVER'S LICENSE WHICH IS
 NOT DOWNLOADED THROUGH THE DEPARTMENT'S APPLICATION ON A  MOBILE  DEVICE
 SHALL NOT BE A VALID DIGITIZED DRIVER'S LICENSE.
   3. EXCEPT FOR IN THE CASE OF TRAFFIC STOPS AND CHECKPOINTS, ANYONE MAY
 REQUIRE  A PERSON TO PRODUCE THE PHYSICAL DRIVER'S LICENSE ISSUED BY THE
 DEPARTMENT, EVEN IF THE PERSON HAS AS DIGITIZED DRIVER'S LICENSE.
   4. THE DISPLAY OF A DIGITIZED DRIVER'S  LICENSE  SHALL  NOT  SERVE  AS
 CONSENT  OR  AUTHORIZATION  FOR  A LAW ENFORCEMENT OFFICER, OR ANY OTHER
 PERSON, TO SEARCH, VIEW, OR ACCESS ANY OTHER DATA OR APPLICATION ON  THE
 MOBILE  DEVICE.    IF  A  PERSON  PRESENTS  THEIR MOBILE DEVICE TO A LAW
 ENFORCEMENT OFFICER FOR PURPOSES OF DISPLAYING THEIR DIGITIZED  DRIVER'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06998-01-7

 A. 6783                             2
 
 LICENSE,  THE  LAW  ENFORCEMENT OFFICER SHALL PROMPTLY RETURN THE MOBILE
 DEVICE TO THE PERSON ONCE HE HAS HAD AN OPPORTUNITY TO VERIFY THE  IDEN-
 TITY AND LICENSE STATUS OF THE PERSON.
   §  2.  Subdivision 2 of section 507 of the vehicle and traffic law, as
 amended by chapter 406 of the laws  of  2001,  is  amended  to  read  as
 follows:
   2.  Failure  to  exhibit  license.  Failure by a licensee to exhibit a
 license OR DIGITIZED DRIVER'S LICENSE valid  for  operation  under  this
 chapter to any magistrate, motor vehicle license examiner, motor vehicle
 investigator,  peace  officer, acting pursuant to his special duties, or
 police officer shall  be  presumptive  evidence  that  he  is  not  duly
 licensed.  EXCEPT  FOR  IN  THE CASE OF TRAFFIC STOPS AND CHECKPOINTS, A
 MAGISTRATE, MOTOR VEHICLE INVESTIGATOR, PEACE OFFICER,  ACTING  PURSUANT
 TO  HIS  SPECIAL  DUTIES, OR POLICE OFFICER IS AUTHORIZED TO REQUIRE THE
 PERSON TO PRODUCE THE PHYSICAL DRIVER'S LICENSE ISSUED  BY  THE  DEPART-
 MENT, EVEN IF THE PERSON HAS A DIGITIZED DRIVER'S LICENSE, AND THE FAIL-
 URE  TO  PRODUCE  SUCH PHYSICAL DRIVER'S LICENSE WHEN SO REQUESTED SHALL
 SUBJECT THE PERSON TO ALL THE APPLICABLE LAWS AND CONSEQUENCES FOR FAIL-
 URE TO PRODUCE SUCH LICENSE.
   § 3. Subdivision (b) of section 340 of the vehicle and traffic law, as
 amended by chapter 843 of the laws  of  1980,  is  amended  to  read  as
 follows:
   (b)  The  commissioner  is hereby authorized to take possession of any
 license,  registration  certificate  or  registration  plates  upon  the
 suspension thereof under the provisions of this article or to direct any
 peace  officer,  acting pursuant to his special duties or police officer
 to take possession thereof and to return the same to the office  of  the
 commissioner.  THE  COMMISSIONER  SHALL, WHEN ABLE TO TAKE POSSESSION OF
 ANY LICENSE, ALSO ENSURE THAT ANY DIGITAL DRIVER'S  LICENSE  IS  REMOVED
 FROM ANY AND ALL DEVICES AND ENSURE THAT NO MORE CAN BE PROCURED.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately any rules or regulations neces-
 sary for the timely implementation of this act on its effective date may
 be promulgated on or before such date.